3. ], F54S. para. For example, a husband could solely rely on his wifes adultery, where as a wife could only rely on her husbands adultery if there were aggravating circumstances alongside the adultery. Financial provision orders, etc., in case of neglect by party to marriage to maintain other party or child of the family. (2)In this section and in section 35 below, maintenance agreement means any agreement in writing made, whether before or after the commencement of this Act, between the parties to a marriage, being, (a)an agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage; or. 4 para. . Consideration by the court of certain agreements or arrangements. 26, 86(2), Sch. a grant, or its equivalent, made outside the United Kingdom (but see subsection (9A) below). (c)any secured periodical payments order. . . . (2)The court may also make such an order or orders in proceedings under this Part for financial relief in connection with proceedings for divorce, nullity of marriage or judicial separation. 7E+WNothing in section 50(1)(a) or (c) above affects. . (7E)If under subsection (7B) above the court makes more than one property adjustment order in favour of the same party to the marriage, each of those orders must fall within a different paragraph of section 21(2) above. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 2, F79S. . (a)a grant limited to settled land or to trust property. (a)an order that a party to the marriage shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion; (b)an order that a settlement of such property as may be so specified, being property to which a party to the marriage is so entitled, be made to the satisfaction of the court for the benefit of the other party to the marriage and of the children of the family or either or any of them; (c)an order varying for the benefit of the parties to the marriage and of the children of the family or either or any of them any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the parties to the marriage [F102,other than one in the form of a pension arrangement (within the meaning of section 25D below)]; (d)an order extinguishing or reducing the interest of either of the parties to the marriage under any such settlement [F102, other than one in the form of a pension arrangement (within the meaning of section 25D below)]; subject, however, in the case of an order under paragraph (a) above, to the restrictions imposed by section 29(1) and (3) below on the making of orders for a transfer of property in favour of children who have attained the age of eighteen. 2022/283, reg. . The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period. . 5(4), 48(2), F207S. has the same meaning as in section 22ZA. the financial needs, obligations and responsibilities which each of the applicant and the paying party has or is likely to have in the foreseeable future. Variation, discharge, etc., of certain orders for financial relief. 20(5) (with s. 8(4)-(6)); S.I. 2, C11S. 2000/1116, art. the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(4), and. Pt. . 3 para. provide for the payment of all or part of the amount by instalments of specified amounts, and. . 7, 48(2). 2, F143Words in s. 25B(6) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 3(1)(5); S.I. . 11. 5); S.I. (2)An application under subsection (1) must be accompanied by a statement by the applicant or applicants that the marriage has broken down irretrievably. (8)For the purposes of subsection (3)(b), rights under a pension scheme were the subject of pension sharing between the parties to the marriage if the rights were at any time the subject of a pension sharing order in relation to the marriage or a previous marriage between the same parties. 31(4) (with s. 8(4)(5)); S.I. The court may include in a pension compensation sharing order provision about the apportionment between the parties of any charge under section 117 of the Pensions Act 2008 (charges in respect of pension compensation sharing costs), or under corresponding Northern Ireland legislation.]. [F87(3)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders). para. Marriages governed by foreign law or celebrated abroad under English law. ], F167S. Revised legislation carried on this site may not be fully up to date. 9 para. 2(3), Sch. Where the court has made an order to which this section applies, then, subject to the provisions of this section, This section applies to the following orders, that is to say. . prevent the paying party from obtaining legal services for the purposes of the proceedings. . This then created a procedure for divorce by going through the court system alone. . 2 para. Subject to subsection (3) below, no financial provision order and no order for a transfer of property under section 24(1)(a) above shall be made in favour of a child who has attained the age of eighteen. 27 para. 2(3), Sch. An order for the payment of a lump sum made under subsection (7B) above may, provide for the payment of that sum by instalments of such amount as may be specified in the order; and. 2022/283, reg. Grounds on which a marriage is voidable. (a)a periodical payments or secured periodical payments order in favour of more than one child (the order) is in force; (b)the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them; (c)a [F255maintenance calculation] ( [F256the calculation]) is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and. 6(4), (1)An order that annuls a marriage which is void or voidable (a nullity of marriage order). 2, F35Words in s. 10A(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. . . Faster access than browser! 46(1), 48(3), Sch. 3; S.I. 6 para. 2000/1116, art. not by a decree of the High Court but by an order under the Summary Jurisdiction Acts, and in this case as well as in other cases the Court may . 22 renumbered as s. 22(1) (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 3) (with transitional provisions and savings in S.I. (b)for conferring on any such additional spouse the right to be heard in the proceedings, in such cases as may be specified in the rules. 33(a) (with s. 8(4)(5)); S.I. may be made for the purpose of enabling any liabilities or expenses reasonably incurred in maintaining the applicant or any child of the family to whom the application relates before the making of the application to be met; may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court. Property adjustment orders in connection with divorce proceedings, etc. . . Learn how and when to remove this template message, Divorce, Dissolution and Separation Act 2020, https://en.wikipedia.org/w/index.php?title=Matrimonial_Causes_Act_1973&oldid=1082977825, Articles needing additional references from July 2021, All articles needing additional references, Short description is different from Wikidata, Creative Commons Attribution-ShareAlike License 3.0, An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission, Divorce, Nullity and Other Matrimonial Suits, Financial Relief for Parties to Marriage and Children of Family, This page was last edited on 16 April 2022, at 07:24. 3 para. Word in s. 31(2)(dd)(i) repealed (6.4.2011) by, Word in s. 31(2)(dd)(ii) added (6.4.2011) by, Words in s. 31(2)(dd) inserted (6.4.2011) by, S. 31(2)(g) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(2)(g) inserted (6.4.2011) by, S. 31(4A)-(4C) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(4B) inserted (6.4.2011) by, Words in s. 31(4C) inserted (6.3.2011) by, Words in s. 31(5) inserted (1.11.1998) by, Words in s. 31(5) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000)by, Words in s. 31(5) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(5) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(7)(a) inserted (1.11.1998) by, S. 31(7B)(ba) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, Words in s. 31(7D) substituted (13.5.2014) by, Word in s. 31(7D) substituted (13.5.2014) by, Words in s. 31(7F) substituted (13.5.2014) by, S. 31(7G) inserted (11.11.1999 for certain purposes and otherwise 1.12.2000) by, S. 31(9)(9A) substituted for s. 31(9) (1.10.2014) by, Words in s. 31(11)(c)(12)(a)(c) substituted (3.3.2003 for certain purposes, otherwise prosp.) 11(c)(ii) (with s. 8(4)); S.I. para. . (5)Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate. any provision corresponding to the provisions mentioned in paragraph (a) or (b) in force in Northern Ireland. 2003/192, art. 2(3), Sch. 8, 16(2), Sch. . 2(e) (with art. Direction for settlement of instrument for securing payments or effecting property adjustment. 38. 26, 86(2), Sch. 3(2), F303S. . (1A)An application under subsection (1) must be accompanied by, (a)if the application is by one party to the marriage only, a statement by that person that they seek to be judicially separated from the other party to the marriage, or. F332(b). . 2(e) (with art. 1, 2, F118Words in s. 24E(1) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 2022/283, reg. Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. 18(7)(b)(i), 139(4) (with s. 18(6)), F246Word in s. 31(7D) substituted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. Payments, etc., under order made in favour of person suffering from mental disorder. 2, F97Words in s. 23(2)(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), s. 8(1)(8), Sch. 14 paras. 2014/956, arts. leave to enforce, or the enforcement of, the payment of arrears under that order; An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order. . . 1 Pt. para. para. . Variation, discharge, etc., of certain orders for financial relief. To the extent to which the order is made having regard to such compensation, the order may require the Board of the Pension Protection Fund, if at any time any payment in respect of. (b)that it would be unjust to the respondent to [F58make the order]. 3) (with transitional provisions and savings in S.I. Payment of certain arrears unenforceable without the leave of the court. 26(a)(ii) (with s. 8(4)-(6)); S.I. Succession on intestacy in case of judicial separation. para. . F148 [( 7A )The power conferred by subsection (7) above may not be exercised for the purpose of commuting a benefit payable to the party with pension rights to a benefit payable to the other party. 2, F160S. 2, F152Word in s. 25C(2)(a) substituted (11.11.1999 for certain purposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. Within the current law, couples are remaining married when they no longer want to be and the lengthy and complex divorce procedures are harrowing and costly for couples and affects not only the couple but the family and children surrounding them. (2)In the case of a marriage which purports to have been celebrated under the Foreign Marriage Acts 1892 to 1947 or has taken place outside England and Wales and purports to be a marriage under common law, section 11 above is without prejudice to any ground on which the marriage may be void under those Acts or, as the case may be, by virtue of the rules governing the celebration of marriages outside England and Wales under common law. (2)The Lord Chancellor may by order made by statutory instrument amend this section so as to shorten or lengthen the period for the purposes of subsection (1)(b). The Divorce Reform Act 1969 (DRA 1969) sought to create a compromise to incorporate a change within societal views after the Second World War. in relation to any provision of sections 25B or 25C above which authorises the court making an order under section 23 above to require the, person responsible for a pension arrangement. 2. Primary Source . In the case of an order made or deemed to have been made under section 16(1) (including that subsection as applied by section 16(3) or by section 19), 22 or 34(3) of the Act of 1965 and requiring a party to a marriage to secure an annual sum or periodical payments to any other person, an application under this section relating to that order may be made after the death of the person liable to make payments under the order by the person entitled to the payments or by the personal representatives of the deceased person, but no such application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken out. in a case falling within subsection (2)(c) above, that the disposition has had the consequence. 2, 9E+WWhere the party chargeable under a maintenance agreement within the meaning of section 34 above died before 17th August 1957, then, (a)subsection (1) of that section shall not apply to the agreement unless there remained undistributed on that date assets of that partys estate (apart from any property in which he had only a life interest) representing not less than four-fifths of the value of that estate for probate after providing for the discharge of the funeral, testamentary and administrative expenses, debts and liabilities payable thereout (other than any liability arising by virtue of that subsection); and. 17(3)(a), 139(6); S.I. any order under subsection (1)(a) of that section for a transfer of property; any order under subsection (1)(b) of that section for a settlement of property; and. 2. (a) an order that a party to the marriage shall transfer to the other party, to any child of the family or to such person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion; para. . 8(2), 16(2), Sch. Geographical Extent: 2, F114S. 38(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. . . 49. The court may at any time in the proceedings vary an order made under this section if it considers that there has been a material change of circumstances since the order was made. . 26, 86(2), Sch. In consideration of the peoples participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. 2011/664, art. . A pension sharing order under this section may not be made in relation to a pension arrangement which, is the subject of a pension sharing order in relation to the marriage, or. 2014/2039, art. . for the dissolution of the marriage in question. (3)Without prejudice to subsections (1) and (2) above, the court shall not [F64make a nullity of marriage order] by virtue of section 12 above on the grounds mentioned in paragraph (e) [F61, (f) or (h)] of that section unless it is satisfied that the [F65applicant] was at the time of the marriage ignorant of the facts alleged. . . Proceedings before divorce order made final: special protection for respondent. 5(b); S.I. 2022/283, reg. Subsection (1) has effect in relation to a decree of nullity granted after 31 July 1971 as it has effect in relation to a nullity of marriage order, but with the substitution, for order has been made final, of decree has been made absolute, and. 62(4); S.I. (6)Where the person liable to make payments under a secured periodical payments order has died, an application under this section relating to that order [F238(and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order.] (3)The court shall not grant a decree of nullity in a case falling within sub-paragraph (1)(b), (c)or (d) above unless it is satisfied that, (a)the petitioner was at the time of the marriage ignorant of the facts alleged; and, (b)proceedings were instituted within a year from the date of the marriage; and. para. . 2, F80Words in s. 17(3) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11), ss. . 2014/956, arts. . (3)Without prejudice to the generality of subsection (1)(c) or (f) above. 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